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The Nagpur bench of the Bombay High Court has directed the Maharashtra authorities to formulate a Standard Operating Procedure (SOP) for dealing with circumstances associated to termination of being pregnant past 24 weeks.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Nitin Sambre in its order of April 5 famous that the amended Medical Termination of Pregnancy (MTP) Act permits termination of being pregnant past 24 weeks in circumstances of extreme abnormalities within the foetus.
Under the amended provisions of the Act, the state authorities is required to represent medical boards in every district which has the facility and discretion to permit or deny termination of being pregnant past 24 weeks of gestation interval.
The bench was listening to a petition filed by a girl searching for termination of her 32-week being pregnant on account of abnormalities within the foetus.
As per the plea, the overall hospital in Wardha knowledgeable the lady concerning the fetal abnormalities throughout her Twenty fourth-week scan.
While giving reduction to the lady, the bench famous that it was disturbing that as an alternative of referring her to the medical board instantly, the hospital requested the petitioner to method the court docket to hunt termination of the being pregnant.
The excessive court docket mentioned the provisions of the amended MTP Act allow termination of being pregnant exceeding 24 weeks if the medical board thinks that manner and has identified that the foetus has substantial abnormalities.
“Under the Scheme of the MTP Act as amended up-to-date, there is no such requirement of seeking any permission from the court by any woman who intends to get her pregnancy terminated even if the pregnancy is beyond 24 weeks,” HC mentioned.
The court docket directed the state’s Department of Public Health and the Department of Medical Education and Drugs to formulate an SOP which shall be issued to all authorities hospitals and medical faculties throughout Maharashtra.
“We expect that this Standard Operating Procedure, to be prepared by experts in the field, shall be formulated and notified by the State Government within a period of two months,” the court docket mentioned, posting the matter for additional listening to on June 12.
The SOP, as soon as put in place and applied, would make sure that no lady wants to maneuver court docket searching for permission for termination of being pregnant if she is entitled to take action underneath the provisions of the MTP Act, the HC mentioned.
The bench permitted the lady to terminate the being pregnant and directed the overall hospital in Wardha to bear the bills.
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